Court Issues Landmark Decision That Sexual Orientation Discrimination Is Covered by Title VII

On Tuesday, April 4, 2017, the Seventh Circuit Court of Appeals–which covers Illinois, Indiana, and Wisconsin–held that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation. Hively v. Ivy Tech Community College, Case No. 15-1720. The Hively ruling is significant because, to date, no other federal court

Think Before You Remove: Waiver of Exhaustion Argument in Regulatory Takings

The Sixth Circuit issued an opinion late last week that should give a municipality pause before it removes a regulatory takings case to federal court. Siding with the Second and Fourth Circuits, the Court held that by removing a regulatory takings case to federal court, the municipality waived its right to argue that the plaintiff failed

Texas Judge Calls Nationwide Halt to Implementation of New DOL Rules Raising Salary Threshold for Exempt Status

Since May, employers have been scrambling to identify employees who will no longer qualify as overtime exempt under the Department of Labor’s new rules, scheduled to go into effect on December 1, 2016.  On November 22, 2016, however, Texas District Court Judge Amos Mazzant (an Obama appointee), said “not so fast.”  Judge Mazzant granted an